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HomeMy WebLinkAbout20060061 Ver 1_Approval Letter_20060413~~ O~OF W A T ~9QG ~ ~ o ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 13, 2006 Mr. Bill Wynn -Wynn Construction Crosswind Properties, LLC 1696 Hayes Road Creedmoor, NC 27522 Subject Property: Southfork Subdivision Ford Creek [TARO1, 28-14, C, NSW] Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-0061 Granville County Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions Dear Mr. Wynn: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.086 acres of wetland, 2501inear feet of stream and 13,137 square feet (ftZ) of protected riparian buffers (9,387 square feet Zone 1, and 3,750 square feet Zone 2) for the purpose of constructing a residential subdivision on the subject property as described within your application dated December 16, 2005 and received by the N.C. Division of Water Quality (DWQ) on January 9, 2006, with additional information received by the DWQ on February 8, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14 (NW 14) when issued by the US Army Corps of Engineers (USAGE). This Certification replaces the Certification issued on February 13, 2006. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general• conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: *~ 401 Oversight/Express Review Permits Unit ~0~- 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733893 / Internet: htto://h2o.encstate. nc. us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper Crosswind Properties, LLC Page 2 of 3 April 13, 2006 Amount A roved Units Plan Location or Reference 404 Wetland 0.086 acres PCN a e 8 of 12 Stream 250 linear feet PCN a e 8 of 12 Zone 1 TPBR Buffer Im acts 9,387 s uare feet PCN a e 11 of 12 Zone 2 TPBR Buffer Im acts 3,750 s uare feet PCN a e 11 of 12 Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the Nort/r Carolina Sedime~it and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in tl~e most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H, Section .0500; Deed Notifications -Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project; Crosswind Properties, LLC page 3 of 3 April 13, 2006 I 3 :;,; ~~`~ .: ~ ~.~ ~`~ rofiles ~. Culvert Installation attern, and ro'ect shall be installed in such crossnsectiontdhmensioins, ptream s shall be Culverts required for this p J are not altered. Existing stream dimensions (including t e revent head cutting of the maintained above and below locae;l as to p ch culvert. Culve e re- longitudinal profile) must be rade shall b uatic life movement as w i0 riate stream g designed and installed to allow fore are or become perched, the app P ms. If any of the existing p P a erched manner, the pipes shall be removed and re-installed strea established or, if the pipes installe in P correctly. adation or erosion of the stream the cross section Culvert(s) shall not be installed in such a ma streamad'mensions (including Existing u or down stream of the culvert final rofile) shall be maintained above and below locations of eac p attern and longitud P dimensions, p culvert. laced below the ulverts and other structures in wateres~streams, and wetlands must e p llow low flow with a diameter~greater than 48 inches, and 20 Placement of c one foot for all cult' elevation of the streambed by a diameter less than 48 inches, to a f lacement of culverts and other structures including ercent of the culvert diameter fe r Des gn and p g nner that may result in dis- p uatic li passage of water and aq erosion control measures shall not be conducted to a ma temporary ambeds or banks, adjacent to or upstuil'briaunm sh 11 bermaintained if ove equilibrium of wetlands or stre rovide evidence that the eq structures. The applicant is required to p requested in writing by DWQ• wood vegetation and other soft stream bank me hoidstilf ripcrap qs es The establishment of native, y ecifically approved by the Division of e used where practicable instead of rinpi bedounlessr pank hardening must b laced in the strea necessary, it shall not be p Water Quality. s in wetlands must ensure continuity of water movement and be destgne Installation of culvert to adequately accommodate high water or flood condition a and return the enclosed "Certificate of ro ect, the Applicant shall complet 401 Certification has been Upon completion of the p JNCDWQ when all work included in the § Completion" form to notify shall complete the attached form andCt please°send photographs completed. The responsible party u on completion of the prole tyitli the Unit of the NC Division of Water Quality p d dotvnstream of each culvert site to document correct installation a ong upstream an orm. Certificate of Completion f g. Diffuse Flow (No Review) conve ance outlets shall be directe hand maintained as diffuse flow a hat it will not re-concentrate before All constructed stormwater y rotected stream buffers suc 5 If this is not possible, it may non-erosive velocities through the p en. This may require ' char ing into a stream as identified tithes t atare cons der ed to remove nitrog dts g be necessary to provide stormwater fact additional approval from this Office. 9 Certificate of Com letion: Certification or applicable letion of all work approved within the 40l Water Quality Upon comp ent modifications, the applicant is required to return the attached Buffer Rules, and any subsequ Crosswind Properties, LLC Page 4 of 3 April 13, 2006 certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200. Sincerely, G~-~/~L~ Alan W. Klimek, P.E. AWK/~m Enclosures: GC 3404 Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 USACE Raleigh Regulatory Field Office Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Alan Pytcher, Summit Consulting Engineers, 1000 Corporate Drive, Suite 101, Hillsborough, NC 27278 Filename: 060061 SouthforkSD(Granvi11e~01+TPBR_revised